Emma Tropiano Is Not Giving Up On Allentown Mayoral Election * Appeal Of Her One-vote Loss Still Is Slowly Making Its Way Through The Court System.

September 20, 1997|by JOE MCDERMOTT, The Morning Call

Six weeks before the election and almost two months after Emma Tropiano appealed her one-vote loss in the Allentown Democratic mayoral primary, a state court will hear her case.

But it could be several weeks before a decision is made.

The state Supreme Court on Thursday returned the case to Commonwealth Court, saying it had no jurisdiction. Commonwealth Court had referred the case to the Supreme Court Aug. 13 at the request of Lehigh County Election Board Solicitor John M. Ashcraft III.

The lower court will set briefing schedules and decide whether to hear arguments and reject the appeal or return the case to Lehigh County Senior Judge James N. Diefenderfer, who confirmed the narrow victory for Martin Velazquez III in July after a recount and hearing at the county voting machine warehouse.

"You must be kidding," Velazquez said when informed of the order. "It's a shame. It's a shame it's continuing, it's a shame we still have to deal with it."

Velazquez said he will continue to campaign as the official Democratic candidate and work to get his positions across to voters.

Tropiano and Velazquez are city council members.

"Apparently, there was a great deal of passing the buck," said Tropiano attorney Spyro Gellos, who blamed the courts for the delay. "It's their fault. The Commonwealth Court should have decided by now."

Ashcraft was more reluctant to criticize the courts but agreed the delay poses problems. The general election ballot has already been printed with Velazquez as the Democratic candidate facing incumbent Republican William L. Heydt.

Absentee ballots are supposed to be ready for mailing by Monday.

Ashcraft believes the case languished for more than a month because the Supreme Court did not have a duty judge reviewing new cases as the Commonwealth Court does.

Deputy Court Administrator Tom Darr said there is a duty judge, but most cases are handled by the full court.

Tropiano, who finished three votes behind Velazquez on election day, gained two votes in the recount.

She argued in her appeal that Diefenderfer should have opened the seven uncounted machines. She also said Diefenderfer erred by rejecting an absentee ballot filed by former city solicitor Joseph Rosenfeld and by not allowing Rosenfeld to present his own experts on voting machine mechanics.

Fred Voigt, executive director of Philadelphia's Committee of 70, said Diefenderfer ruled correctly in rejecting the request to open the remaining machines. State election code limits the judge's actions, Voigt said.

The Committee of 70 is a watchdog group that oversees Philadelphia elections. Voigt said delays are not uncommon in election appeals.

A Philadelphia traffic court judicial race separated by 12 votes was settled only Friday by a Schuylkill County judge after judges in Bucks, Montgomery and Delaware counties begged off the case because of the sensitive racial nature of the case, Voigt said.

"There have been cases that have gone on for years -- I'm talking 2-1/2 years -- and the outcomes have changed," he said.

He also said voters should be confident voting for the ballot candidate.

"They have had a ruling from the courts," Voigt said. "Would the citizens be better served if there was finality to it? Yes. Close elections are difficult for everybody, and the closer they are, the more difficult they are. Nobody wants to lose by one vote."